Information Warfare and the Protection of Civilians in Armed Conflict

Disinformation attacks have become a common tool within military strategy. Information warfare is not considered to fall within the scope of IHL. In analysing IHL, the principle of the protection of civilians must be the lens through which to interpret its provisions. Unlike ruses of war and propaganda, disinformation operations are intended to inflict harm on the population and therefore cannot be unregulated. Disinformation operations that would be regulated by the law are operations considered as part of an overall attack; operations encouraging a violation of IHL; and operations categorised as military operations under the law. However, this paper contends that violence in IHL should include psychological violence; as such, disinformation operations that cause psychological harm tantamount to injury should be considered as attacks under the law. Further, a party must also consider its IHRL obligations not to incite discrimination and the people’s right to receive and impart information.